No. An infraction does not carry with it the right to an attorney (like a misdemeanor does) because it is considered a civil offense. It is a civil offense because the maximum punishment cannot include jail time or probation.

An accused has the right to an attorney, the right to trial by a judge (or a jury for misdemeanors), the right to be proved guilty beyond a reasonable doubt, the right to confront witnesses and be provided with all pertinent evidence, and the right of appeal upon conviction.

No. The Ordinance will be read and applied in a manner consistent with the First Amendment regarding freedom of speech, exercise of religion and other similar rights (because the U.S. Constitution is the supreme law of the land).

The Ordinance only covers activities which are based solely on a person’s sexual orientation or sexual identity/expression. If there is a legitimate reason not to hire a person that is unrelated to sexual orientation or gender identity/expression, the employer may choose not to hire the person without violating the Ordinance. For example, they may not have the experience skills or certification for the job or may not be able to pass a background check.

If the owner of a house or rental property chooses not to sell or rent to a person due to bad credit or inability to pay the rent/mortgage, etc., and not because of the person’s sexual orientation or gender identity/expression, the owner has not violated the Ordinance.

A plea agreement is an agreement between the defendant and the prosecutor. The judge is not required to accept a plea agreement. However, the judge usually takes a plea agreement into account before sentencing the defendant.

The Ordinance covers 2 main categories. The first is employment, in which it is unlawful to fail to hire or to discharge someone or to limit their employment possibilities solely because of their sexual orientation or their gender identity/expression. This includes employers, employment agencies and labor organizations and training programs.

The second is housing because it is unlawful to refuse to sell/rent to someone or to discriminate regarding terms and conditions of a sale/rent solely because of the buyer’s/renter’s sexual orientation or gender identity/expression.

An Alford plea is a type of plea where a defendant does not admit to being guilty to the judge. A person who enters an Alford plea admits that the evidence the prosecutor would present at trial would be enough to prove the person guilty, but the defendant does not admit to committing the crime like they do in a standard plea of guilty. In an Alford plea, the court still imposes punishment as if the person pleaded guilty, even though the person does not actually admit guilt.